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Minutes 01-14-02.docPROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING January 14, 2002 Approved January 28, 2002 VOL. 52 NO. 27 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on January 14, 2002. The meeting was called to order by Council President Brien at 7:00 p.m. Councilmember Damron led the Council in the Pledge of Allegiance. Present: Council President Brien, Councilmembers Damron, Williams, O'Leary (arrived at 7:09 p.m.), DeGarmo, Murphy and Steeber. CONSENT AGENDA Minutes of the closed session of December 10, 2001. Minutes of the regular meeting of December 20, 2001. Licenses; and Recommendations of the Alcohol License Advisory Committee. Authorization for the administration to deny a liability claim for Catherine E. Jorgensen in the amount of $50,350.00. Authorization for the administration to deny a liability claim for Linda M. Rodriquez in the amount of $96,588.69. Action on a motion to approve final Certified Survey Map #01037-C, Badgerland Investors, 2 lots on USH 14. Action on a motion to approve final Certified Survey Map #01041-C, James McGuire, 4 lots on Conde Street. Waiver of special assessment procedure for storm sewer, sidewalk and street light charges for Wuthering Hills Northeast Fourth Addition, Hirsch Builders. Council President Brien stated that the Consent Agenda would be approved if there were no objections. There were no objections. Donation to Ice Skating Center. Steven Walker, President of Janesville Youth Hockey Association, presented a $6,812.00 donation to the City. OLD BUSINESS 1. Requests and comments from the public on matters which can be affected by Council action. Richard Gerhard, 2317 Mt. Vernon Avenue, questioned a tree-trimming notice he received. Richard Frank, 1119 Elida Street, urged Council to consider the impact of any regulations they enact. Councilmember O'Leary arrived at 7:09 p.m. The following individuals addressed Council to state their opposition to sexually oriented businesses: Kay Sodemann, 3273 Hampshire Road, spokesperson for People Advocating Decency; Lydia Rieck, 1946 River View Drive; Shane Heath, 2113 Hawthorne Park Drive South; Jennifer Knack, 120 North Pine Street; Justin Jackson, 1233 South River Road; Krystal Bartlett, 915 North Garfield Avenue; Nancy Hansen Bennett, 915 North Garfield Avenue; Martha Gibbs, 120 North River Street; and Steve Adler, 4214 South Tracey Road. Speaking in opposition to the placement of a sex offender on Mineral Point Avenue were: Jackie Zenk, 6435 Pennycook Road, and Dale Heitsman, 1900 Mineral Point Avenue. Councilmember Steeber moved to direct the Administration to draft a letter to the Department of Corrections (DOC) expressing the Council's concern in the locating of a sex offender on Mineral Point Avenue, requesting the D©C's assistance in relocating this person, asking for better assistance with the Police Department for future notifications of the placement of sex offenders in the City, and to request DOC consider changing their regulations to provide for notification of offender's change of address, seconded by Councilmember Damron and passed unanimously. 2. A proposed ordinance amending the Zoning Ordinance text to define "Health Clubs" and "Exercise Studios" and to allow "Exercise Studios" in the B1 District received its second reading and public hearing. Steve Trueblood, 4625 West Hwy. 11, spoke in support of the proposed ordinance. The hearing was then closed. Councilmember Williams stated he would recluse himself from voting. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Murphy and passed with the following vote: Aye: Councilmembers Damron, O'Leary, DeGarmo, Brien, Murphy, and Steeber. Abstain: Councilmember Williams. (File Ord. No. 2001-109) 3. A proposed ordinance amending the Zoning Ordinance to define "Traditional Neighborhood Planned Unit Development" and adopting a guide for design principles for such planned unit developments received its seconded reading and public hearing. No one appeared for the hearing. Councilmember Williams moved to adopt said ordinance, seconded by Councilmember DeGarmo and passed unanimously. (File Ord. No. 2001-110) 4. A proposed final resolution for Public Works Program #4 - 2001 received its public hearing. No one appeared for the hearing. Councilmember Murphy moved to adopt said final resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2002-218) 5. Award of 2001 Contracts W (North Traxler Park Improvements), Y (Sewer & Water- Avalon Road & Beloit Avenue), Z (Utility SCADA System Upgrade), and AA (Water Reservoir Fencing). Councilmember O'Leary moved to award Contract Y to R.T. Fox Contractors, Inc., Edgerton, WI in the amount of $589,214.00 (the City intends to issue long-term promissory notes for the construction of sanitary sewer main along Avalon Road and Beloit Avenue in an amount not to exceed $550,000.00) and Contract AA to Century Fence, Waukesha, WI in the amount of $22,849.00 (the City intends to issue long-term promissory notes to fund the water reservoir fence in an amount not to exceed $26,000.00) and to reject all bids for Contract Z, as recommended by the Committee of Public Works, seconded by Councilmember Steeber and passed unanimously. Councilmember DeGarmo stated he would abstain from voting on Contract W due to a conflict of interest. Councilmember O'Leary moved to award Contract W to Gilbank Construction, Inc., Clinton, WI in the amount of $196,392.00 pending WDNR's issuance of a boat ramp permit, seconded by Councilmember Steeber and passed with the following vote: Aye: Councilmembers Damron, Williams, O'Leary, Brien, Murphy, and Steeber. Abstain: Councilmember DeGarmo. NEW BUSINESS 1. Recommendations of the Plan Commission: a proposed resolution approving the final plat of Tenth Addition to Fox Ridge Estates. (Res. No. 2002-220); a proposed resolution to release an 8-foot utility easement running east and west through the Creston Park Mall property. (Res. No. 2002-217); a proposed resolution granting an easement across Optimist Park adjoining Ruger Avenue to Ameritech. (Res. No. 2002-221) Councilmember O'Leary moved to adopt said resolutions, seconded by Councilmember DeGarmo and passed unanimously. (File Res. Nos. 2002-220, 2002-217, 2002-221) 2. Committee appointment. Councilmember O'Leary moved to approve the City ManageCs appointment of Debbie Perrino to the Ice Arena Advisory Committee, seconded by Councilmember Damron and passed unanimously. 3. City Council review of the conceptual design for a new Police Station. Councilmember O'Leary gave an overview of the conceptual design and explained the building's appearance, dimensions and the location of various rooms in the building. Councilmembers asked questions during the presentation. Councilmember DeGarmo stated he would abstain from voting due to a conflict of interest. Councilmember Steeber moved to authorize the Administration to proceed with the final design of the new Police Station and to prepare bid documents, seconded by Councilmember O'Leary and passed with the following vote: Aye: Councilmembers Damron, Williams, O'Leary, Brien, Murphy, and Steeber. Abstain: Councilmember DeGarmo. 4. A proposed resolution authorizing the City Manager to apply for a Federal grant for construction of a footbridge on the Wisconsin Ice Age Trail. Councilmember Williams moved to adopt said resolution, seconded by Councilmember DeGarmo and passed unanimously. (File Res. No. 2002-222) 5. A proposed resolution authorizing the City Manager to enter into a contract with Town & Country Sanitation for the disposal of out-of-Rock County waste at the Rock County/City of Janesville Sanitary Landfill. Councilmember DeGarmo moved to adopt said resolution, seconded by Councilmember O'Leary and passed unanimously. (File Res. No. 2002-223) 6. A proposed ordinance regulating Fireworks Stands in the City of Janesville was introduced and scheduled for public hearing on February 11, 2002. (File Ord. No. 2002-117) 7. A proposed ordinance requiring a $50.00 non-refundable fee for each alcohol license issuance extension request and payment of all outstanding alcohol fees at the time of the first extension request was introduced and scheduled for public hearing on January 28, 2002. (File Ord. No. 2002-112) 8. Matters not on the Agenda. Councilmember Damron moved to direct the Administration to further investigate and report back to Council various options for regulating, limiting, or prohibiting sexually oriented businesses in Janesville, including Waukesha's sexually oriented business ordinance, seconded by Councilmember Steeber and passed unanimously. Councilmember Murphy requested the Administration review the tree-trimming ordinance as it relates to the number of days allowed for compliance. The City Manager reported a reception for Council is scheduled at the Rock County Historical Society on January 17, 2002 at 7 p.m. Council waived notice. 9. Closed session Councilmember O'Leary moved to convene in closed session per Wisconsin Statute Section 19.85 (1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; 19.85 (1) (g) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is likely to become involved concerning one or more personal injury and/or property damage claims; and 19.85 (1) (c), for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, seconded by Councilmember Steeber and passed unanimously. There being no further business, Council convened into closed session at 9:45 p.m. These minutes are not official until approved by City Council. Timothy L. Kitzman Deputy Clerk-Treasurer